SENIOR Tories fear judges are ready to go nuclear and rewrite the constitution in a devastating blow for Boris Johnson.
They are worried the Supreme Court will rule against it over the PM’s decision to suspend Parliament.
It came after one judge claimed Mr Johnson appeared to have acted for political advantage by reducing MPs’ powers of scrutiny.
That has left Government insiders fearing judges will rule — for the first time — that they can interfere on a decision which has historically been the preserve of Downing Street.
A senior Tory told The Sun last night: “I fear this is slipping away from Boris. The judges will want to rule on this and I think they will come down quite hard.”
The setback came on the second day of the Supreme Court hearing into Mr Johnson’s move to prorogue Parliament for five weeks.
The Government’s QC, Sir James Eadie had insisted that decades of case law showed it was clear that the suspension was the PM’s prerogative, the business of politics and nothing to do with the Supreme Court.
‘READY TO GO NUCLEAR’
But he was challenged by one of 11 judges hearing the case, Lord Kerr, who said it was clear it had reduced MPs’ scrutiny in the run-up to the October 31 Brexit deadline.
He asked: “If it be the case that scrutiny is rendered impossible, could that not be properly regarded as an advantage to the Government?”
Sir James replied: “Well, I suppose it could be, in theory.”
Lord Kerr also asked: “What if he decided to prorogue for one year? That is exercising me.”
In further developments:
- MR Johnson was branded the “father of lies” during a savage attack by QC Aidan O’Neill
- SIR James said opposition MPs had had every opportunity to act on prorogation but chose not to use the “nuclear weapon” of a no confidence vote
- ONE judge, Lord Wilson, blasted the PM for failing to clarify why the Government suspended Parliament, saying: “Isn’t it odd nobody has signed a witness statement to say, ‘This is true’?”
- No10 was last night braced for an excoriating statement from Sir John Major in court.
The court is hearing appeals on a challenge from Remain campaigner Gina Miller and a separate case from the Scottish courts.
The fieriest intervention came from Scottish QC Mr O’Neill, who represents SNP MP Joanna Cherry.
In a two-hour tirade, he referred to Macbeth, Braveheart and Robert the Bruce’s famous 1314 victory over England at Bannockburn.
He said it was clear Mr Johnson had sought to silence MPs, adding: “What we have with prorogation is the mother of parliaments closed down by the father of lies.
“Lies have consequences – but the truth will set us free.”
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Earlier today, Commons Leader and top Brexiteer Jacob Rees-Mogg said it was “absolutely nonsense” to suggest the PM had misled the Queen over prorogation.
And he sought to reassure those who fear the Government will suspend Parliament for a second time next month if it is the only way to force through a No Deal Brexit.
Mr Rees-Mogg told a Telegraph live event that proroguing again would not be a “constitutional approach”
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